28-1102. Weighing of vehicles and loads;
violation; classification; civil penalty
A. A police or peace officer having reason to believe that the weight of a vehicle
and load does not conform to this article may require the driver to:
1. Stop and submit to a weighing of the vehicle and load by means of either
portable or stationary scales.
2. Drive the vehicle to the nearest public scales, if the scales are within two
miles.
B. If on weighing a vehicle and load pursuant to subsection A of this section an
officer determines that the weight does not conform to this article, the officer may
require the driver to stop the vehicle in a suitable place and remain standing until the
portion of the load is removed as necessary to reduce the gross weight of the vehicle to
the limit permitted under this article. The owner or operator shall care for the material
unloaded at the risk of the owner or operator.
C. A driver of a vehicle is guilty of a class 3 misdemeanor who either:
1. Knowingly fails or refuses to stop and submit the vehicle and load to a
weighing.
2. Knowingly fails or refuses when directed by an officer on a weighing of the
vehicle to stop the vehicle and otherwise comply with subsections A and B of this
section.
D. A peace officer as defined in section 41-1701 or any other peace officer
designated by the director may require the weighing of a commercial vehicle by means of
portable scales at any time. Failure to submit to weighing as required by this subsection
is punishable by a civil penalty, the minimum of which is the minimum civil penalty for
over six thousand pounds overweight as prescribed in section 28-1101, subsection B.
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